THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.10.2013 PASSED IN O.S.NO.297/2008 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 22.04.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, HON'BLE MR. JUSTICE D K SINGH PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

I. PREFACE:

The present regular first appeal has been filed by the appellant/defendant under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure 1908 (hereinafter referred to as 'the CPC') impugning the judgment and decree dated 10.10.2013 passed by the Principal Senior Civil Judge and CJM, Ramanagara, in O.S.No.297/2008 instituted by the plaintiffs/ respondents herein seeking specific performance of the Agreement of Sale dated 17.09.2005, in respect of the suit schedule properties, by receiving the balance sale consideration of Rs.50,41,875/- (Rupees Fifty Lakhs Forty One Thousand Eight Hundred and Seventy Five Only).

2. Parties are referred